Alba's outrage stems in part from the potential injustice visited upon Playboy readers who might be duped into purchasing the plastic-sealed magazine because of the misleading insinuation that she trades her bathing suit for her birthday suit within its pages.
You can read the full complaint and gawk at the disputed cover at The Smoking Gun.
A DULLARD WIFE'S TAKE: I don't think she has a case under right of publicity or appropriation because the image goes with an article inside the mag.
I do think she or someone else has a copyright case if Playboy published the photo without appropriate permission. I think it could be an unfair business practice, as well, to lie in order to get a picture from Sony.